Savannah morning news. [volume] (Savannah) 1868-1887, 1887-01-11

I''U ''NH9 VI SliS DlIls anu Iutt ltS mGtQ-
ing Is perfectly clear.
UNDERSTOOD BY THE COMMITTEE.
BuG In view Of the erroneous construction
tudV seems To have been put upon THIS section
~ some quar- ers, | deem 1t proper to state
enaI thefe seems TO he no difference OF opinion
as 20 us meaning among the conferees on the
part OF the senate, think the Senator from
Connecticut (Mr. Pla T. and the senator from
tennessee (Alr. Harr - understood the c.
uoh as do, and think am justified in say
,ids ing tnaI we would not approve it if we sup
pVeeU or believed it to mean
What some complain that 1t docs
theau or may be named to mean. The short
hdul section simply undertakes to lay down
IA speclhc terms RUE or principle which, as
nave always contended, is already in effect
contained IN other provisions of the bill, The
nrst requ rement OF the bill on the subject of
rat' Is found in the first section. and is thai
al al raIes shall be reasonable ana just. This is
I'D efecC declaration that under similar cir
Ct Instances ana conditions a greater sum
shali not be charged for shorter than for
longer DIS ance, because under such cIrcum-
stances it would not be reasonable and just
10 make such charge.
DISCRIMINATION.
The next requirement of the bill that affects
this question IS found in the first part of the
Ihrd section, which fOrblds giving an undue
or unreasonable preference Or advantage to
any particular locality. This is likewise
declaration thSt a greater sum shall not be
charged for a shorter than for longer
haul under similar circumstances
and conditions, bee use such charge would
be the making or giving OF an undue or un-
reasonable preference or advantage to one
particular locality" or would subject some
other particular locality" to an uu ue or
unreasonable prejudice or disadvantage.
Mr.. Cullom quoted the fourth section in
full and said:
As / understand it, this section as 1t now
sands simply prohibits railroad corporations
from charging greater aggregate sum-not
4 higher rate Tor d Sbofie er than for longer
distance over the sane line IN the same direC-
ton, aud und r substantially similar cIrCum-
stances end conditions, when the shorter is
Included within the longer distance. There
is no other prohibition made in positive
terms.
IMPLIED BY THE WORDING.
The declaration that this shall not be CON
strued as authorizing any common carrier
within the terms of his act to charge and re-
ceive as just compensation for Ii shorter rs
for a longer stance, does not in terms pr
hibrt charging as mu b fer shorter as for a
longer distance. but simply withhOids legi' i'la-
tive sanction from the making OF sucE charge.
his qualifying clause NEGATIVES the infer
cnce Unat m ght possibly be drawn from the
language of the section without the
words, namely, that an equal charge for a
shorter stance is authorized by inference.
because only the greater charge Is prohibited
This qualification, therefore. leaves the ques-
ed for a shorter distance, to be determ ned by
the provisions Of the Olll to whlc | have al
READY referred, requiring all charges to be
reus nable and fOrbiddIng the giving OF SI1
particular locality. The requirement OF the
fourth section. then. j. that as be-
tween shipments OF the same klndin the same
direction over the same line and made under
substantially similar cirCumstAn noes and con-
dIllOns a greater sum shall not be charged
for - shorter than for a longer haul when the
shorter comprises part of the longer haul-not
that higher rate snail not be charged per
mile. but tnat greater aggregate sum shall
not be charged.
SIGNIFICANCE OF THE LIMITATIONS.
The Limitations placed Jon the prohibition
must not be overlooked. InGy require that
in determining She sums that may be charged
tor II shorter compared to II longer distance,
the requirement must be made: First, be-
tween shipments "of like Kinds of prop
erty:" second. ''under substan-
italy similar circumstances and con-
dltons;" hrd, over tue same lines "
fourth, in the same directions; fifth, when the
tanCe."
When the act is to be applied in any given
case TO measure the charge that NAV be made
for any distance as compared with the longer
distance all limitations must be taken into
account, and they must all apply to the case,
not three or four oil them, but all OF them.
The first. fourth and 1fth OF these limitations
are plain, but the second and third may need
some explanation. AS l understand them,
the words circumstances" and 'condIt ons''
mean conditions that govern railway traffic
and the circumstances under which IL is
transported. To my mind these words are full
OF meaning.
FULL OF MEANING.
Tney comprehend all the circumstances
aud conditions that may justify differences in
rates, such AS competition with other rail
roads and water routes, the volume and
character Of business at different points, the
difference in terminal expenses and the cost Of
the service in each case. II the words used
were the same, circumstances and cOnCl-
lions, Ingenious railway gentlemen
would be able to show That the circumstances
and conditions we're never exactly the same
in &hy two cases. and hey might also he able
b. show that they were not similar If that
was the WORT used. But the words sun
stautlal!y slmilar" impart enough latitude to
the comparison to enable courts to exercise
sound discretion and common sense in passing
upon casps TIA may arlse. So far as any one
raj rOau company is nccrned, therefore, the
sum which IL may charge for a haul from
one end OF ITS railroad To the oshcr eud, be-
come the maximum amount it can charge for
auy shorter haul over that road, in the same
direction and under substantially similar CIR
cumstances and conditions when the shorter
distance Is inc uded within the longer.
DEFINING THE MAXIMUM.
But the question that seems TO trouble those
who object to tue section as 1t stands, is
whether The maximum thus fixed Is the
amount which q railroad company charges
upon shipments originating at and destined
10 points upon It's own road.
whether the maximum IL The sum
which iJ accepts rs Its share OF the through
rate upon shipments passing over its road
which originate at or are destined TO points
upon another road. 1t seems clear to me that
lnere can be but one answer TO thai question.
i'm the urst place, the measure OF charge that
may be made for II shorter distance Is the
aUm that Is charged for q longer distance
.ov,r The sarnc line, and under substantially
The rates fixed by railroad COM
panv between points upon its own
road are clCatiy rates upon one line. or, In
Inc terms Qf the PHI, "tle same line A
railroad com any can make and control rates
upon lls own road, aud tho section says that
in making such fAtG- the snort Dsul principle
shall be oDserycd.
TWO BECOME OEg.
A railroad compauy cannot control rates
over the roads o Nnobhor c0m pauy, but when
t,yo or more con- paaLes unite in making joint
botnc ~ the eye of this Uill one
Inc and tins section saws that
the short haul principle must Ue
observed in making rates over that line,
tho fVu or moro roads composing it beng
wiibiu the meaning of the section the same
Irne an far AS such Joint rs es arc concerned.
iTnc word "rallrOad" n used throughout the
hill and the word line u used only in this Sec
non. The courts viii loo bound 20 ASSUME
that the word cline means something differ
ont from the word railroad, or ~ would not
have been used In this one instance, when the
word railroad would naturally nave beeu
used II something different mad not been
intended The word Inc means railroad or